Certain words, phrases and terms in this chapter are defined
for the purpose thereof as follows:
A developer submitting an application for development.
An area bounded by three or more streets or as delineated
on the current Tax Map.
The Borough of Lindenwold Board of Education.
The Borough Clerk of the Borough of Lindenwold.
The Borough Engineer of the Borough of Lindenwold.
A zone as prescribed by the Joint Land Use Board of the Borough
of Lindenwold, which shall separate a development from a street or
commercial or industrial district by the planting of trees or shrubbery
to such a height and density as to restrict a clear view beyond the
said zone.
[Amended 12-12-2012 by Ord. No. 1331]
The Building Inspector of the Borough of Lindenwold.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the building line.
That part of the street located between the curbs.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 365, Zoning, and upon the issuance of an authorization therefor by the Joint Land Use Board.
[Amended 12-12-2012 by Ord. No. 1331]
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land.[1]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.[2]
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).[3]
The official action of the Joint Land Use Board taken on
a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion or approval conditioned
upon the posting of such guaranties.
[Amended 12-12-2012 by Ord. No. 1331]
The Mayor and members of the Borough Council of the Borough
of Lindenwold.
The Joint Land Use Board of the Borough of Lindenwold.
[Amended 12-12-2012 by Ord. No. 1331]
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A security, other than cash, which may be accepted by a municipality
for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[4]
Development of one or more lots or an addition to an existing
building or structure of less than 1,000 square feet; addition of
an accessory structure of less than 1,000 square feet; addition of
a handicap ramp; or addition to an existing parking lot or paved area
involving less than 500 square feet, and which does not involve planned
development, any new street or extension of any off-tract improvement
which is to be prorated pursuant to N.J.S.A. 40:55D-42.
[Added 3-10-1993 by Ord. No. 929]
Any subdivision resulting in not more than four lots, not involving
any new street or road or the extension of municipal improvements
for the common use of residents in the proposed subdivision, and not
adversely affecting the development of the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance or this chapter.
Any subdivision of an area located within a tract that has received
final site plan approval, provided that the subdivision is consistent
with the design of the development as approved by the Joint Land Use
Board and that a performance guaranty has been posted for all improvements
proposed by the site plan.
[Amended 12-12-2012 by Ord. No. 1331]
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.[5]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any space utilized for the parking of motor vehicles, including
both the parking spaces and the driveways, aisles, turnaround, loading
areas and open space used to provide access to parking spaces or to
control traffic within a parking lot, except the access drive connecting
a parking lot and a public right-of-way and within which no parking
maneuver could occur.
Any security which may be accepted by the Borough, including
cash, provided that the Borough shall not require more than 10% of
the total performance guaranty in cash.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Law[6] prior to final approval, after specific elements of a
development plan have been agreed upon by the Joint Land Use Board
and the applicant.
[Amended 12-12-2012 by Ord. No. 1331]
The land occupied or intended to be occupied by a street,
crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main or for another
special use.
A development plan for one or more lots on which is shown the information required by Article VII of this chapter.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this chapter,
or which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a planning
board and the grant to such board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street line. Streets within the Borough
of Lindenwold shall be classified as follows:
ARTERIAL STREETAny state or county highway or any municipal street linking one section of the Borough with another section of the Borough or an adjoining municipality.
COLLECTOR STREETA street located within a development or neighborhood which links the minor streets within that development or neighborhood with the arterial street system.
MINOR STREETA street whose primary function is serving abutting properties within the area.
MARGINAL ACCESS STREETA street designed to provide access to a minor street or property.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this act if no new streets are created: (1) divisions
of land found by the planning board or subdivision committee thereof
appointed by the chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; (2) divisions
of property by testamentary or intestate provisions; (3) divisions
of property upon court order, including but not limited to judgments
of foreclosure; (4) consolidation of existing lots by deed or other
recorded instrument; and (5) the conveyance of one or more adjoining
lots, tracts or parcels of land owned by the same person or persons
and all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."[7]
Artificial means, such as pipes or other conduits, constructed
to collect and disperse subsurface groundwater.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
of the Municipal Land Use Law.[8]
The Zoning Ordinance of the Borough of Lindenwold.[9]
